M/S Sarah vs. Assistant Commissioner Central Tax

The only point that would be of relevance at this stage is that the electronic credit ledger was blocked on 21.11.2024 on the ground that the Input Tax Credit was claimed without receipt of goods/services. Such fact is evident from Annexure-A1. 3. Rule 86A of the Rules reads as follows: HC-KAR NC: 2026:KHC:16606 86A. Conditions of use of amount available in electronic credit ledger.- (1) The Commissioner or an officer authorised by him in this behalf, not below the rank of an Assistant Commissioner, having reasons to believe that credit of input tax available in the electronic credit ledger has been fraudulently availed or is ineligible in as much as a) the credit of input tax has been availed on the strength of tax invoices or debit notes or any other document prescribed under rule 36- i. issued by a registered person who has been found non-existent or not to be conducting any business from any place for which registration has been obtained; or ii. without receipt of goods or services or both; or b) the credit of input tax has been availed on the strength of tax invoices or debit notes or any other document prescribed under rule 36 in respect of any supply, the tax charged in respect of which has not been paid to the Government; or c) the registered person availing the credit of input tax has been found non-existent or not to be HC-KAR NC: 2026:KHC:16606 conducting any business from any place for which registration has been obtained; or d) the registered person availing any credit of input tax is not in possession of a tax invoice or debit note or any other document prescribed under rule 36, may, for reasons to be recorded in writing, not allow debit of an amount equivalent to such credit in electronic credit ledger for discharge of any liability under section 49 or for claim of any refund of any unutilised amount. (2)The Commissioner, or the officer authorised by him under sub-rule (1) may, upon being satisfied that conditions for disallowing debit of electronic credit ledger as above, no longer exist, allow such debit. (3) Such restriction shall cease to have effect after the expiry of a period of one year from the date of imposing such restriction.

In light of Rule 86A(3), the restriction imposed by blocking the electronic credit ledger ought to cease to have effect after the expiry of a period of one year from the date of imposition of such restriction. Taking note of HC-KAR NC: 2026:KHC:16606 the assertion of the petitioner that the act of blocking the electronic credit ledger is subsisting till date, in light of the mandate under Rule 86A of the Rules, the blocking of electronic credit ledger ought to have stopped operating after the expiry of one year from 21.11.2024. 5. Accordingly, it is declared that the action of continuance of blocking of electronic credit ledger is illegal and blocking is deemed to have ceased to be in operation after the period of 12 months from 21.11.2024. Respondent - Authorities to unblock electronic credit ledger forthwith.

In light of the above, petition is disposed of. (S SUNIL DUTT YADAV) JUDGE VP List No.: 1 Sl No.: 24